2017-09-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            12 SEPTEMBER 2017


6                        MCU16/0081 - APPEAL D93 OF 2017 - DEVELOPMENT APPLICATION FOR
                         MATERIAL CHANGE OF USE FOR MULTIPLE HOUSING TYPE 3, RETIREMENT &
                         SPECIAL NEEDS (90 BED AGED CARE FACILITY) AT 28 EENIE CREEK ROAD,
                         NOOSAVILLE
DOCUMENT INFORM AT ION




Author                              Manager, Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Application/ MCU16/0081 / Case/ Knowles

Attachments                         Nil


EXECUTIVE SUMMARY
Not applicable.


RECOMMENDATION
That Council note the report by the Manager, Development Assessment to the Planning &
Environment Committee Meeting dated 12 September 2017 regarding Planning & Environment
Court Appeal D93 of 2017and agree to defend the appeal.


REPORT
A report on this application to establish a 90 bed Aged Care Facility at 28 Eenie Creek Road,
Noosaville was considered by Council at its Ordinary Meeting on 15 June 2017. The report to
Council recognised that while there was a need for aged care facilities in Noosa, the
development would place vulnerable persons in a location where there is a high risk from the
threat of bushfire and smoke. The site is adjacent the Noosa National Park and is located in a
buffer to a very high potential bushfire intensity area.
Accordingly, Council resolved to refuse the application for the following reasons:
  1.                     The proposed works are contrary to the Strategic Framework as the development will place
                         people and property at risk from bushfire and unduly burden disaster management
                         response and recovery capacity and capabilities.
  2.                     The proposed works are contrary to the Noosaville Locality Code and the Natural Hazards
                         Overlay Code as the development is not compatible with the natural hazard and will place
                         people and property at risk.
  3.                     The proposed works are contrary to the Natural Hazards Overlay Code as the development
                         will unduly burden disaster management response and recovery capacity and capabilities.
  4.                     Vegetation removal required within Open Space Precincts 1 and 3 will adversely impact on
                         the intended vegetated entrance to Noosa.
An appeal was lodged with the Planning & Environment Court on 11 July 2017 by the applicant.
The appeal seeks to overturn Council’s decision to refuse the application and for the
development to be approved subject to lawful conditions.
It is in order for Council to defend the appeal and the recommendation is worded accordingly.




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